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Carriage Good by Sea.pptx

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Law of Carriage
Law of Carriage
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Carriage Good by Sea.pptx

  1. 1. This Photo by Unknown Author is licensed under CC BY-NC-ND
  2. 2. CARRIAGE GOOD BY SEA This Photo by Unknown Author is licensed under CC BY-SA-NC
  3. 3. INTRODUCTION • The law relating to the carriage of goods by sea is contained in bill of landing Act,1856 and carriage of goods by sea Act,1925
  4. 4. CONTRACT OF AFFREIGHTMENT • A contract of affreightment is an arrangement between a shipowner and charterer in which the shipowner promises to convey a set quantity of cargo for the charterer over a specific time period. • The charterer is required to pay the freight whether the items are ready for shipping or not under this arrangement.
  5. 5. Charter Party • A charter party is a written agreement for the hire of the entire ship or a portion of it for the purpose of transporting commodities. The charterer is the individual who rents the ship.
  6. 6. KINDS OF CHARTER PARTY Voyage • When the ship is chartered for a particular voyage is called voyage charter party. Time • A any cargo, subject to legal restrictions. time charter, as opposed to a voyage charter, is a time-bound agreement. The shipowner leases a vessel to a charterer for a set duration of time, during which time they are free to sail to any port and transport Demise • Demise charter, also known as bareboat charter, happens when an owner hires or leases the vessel to a charterer, who then provides the crew, stores, and bunkers, as well as paying for all operational costs.
  7. 7. CLAUSES OF CHARTER PARTY NAME OF PARTIES AND SHIP CLASS OF CHARTER PARTY CLASS OF SHIP PORT OF LANDING FULL AND COMPLETE CARGO LAW OF MERCHANDISE PAYMENT OF FREIGHT
  8. 8. IMPLIED WARRANTIE S Examples: The implied merchantability warranty (only given by merchants). The implied guarantee of fitness for a specific purpose. The implied warranty of title. An implied warranty is a legal phrase for guarantees that a product is fit for the use for which it is intended and that it merchantable, i.e., corresponds to an ordinary buyer's expectations.
  9. 9. MATE’S RECEIPT • A mate receipt is a receipt given by the ship's commanding officer after cargo is loaded on board that includes information like the name of the vessel, berth, date of shipping, description of packages, marks and numbers, and the condition of the cargo at the moment of receipt on board the ship.
  10. 10. BILL OF LADING • A bill of lading is a document issued by master of the ship or ship owner or other agent in exchange of mate’s receipt after the goods are placed on broad the ship.
  11. 11. KINDS OF BILL LADING Clean bill of lading • A clean bill of lading is a document that certifies that no goods were damaged or lost during transit. Qualified bill of lading • A qualified bill of lading is one that states in the bill of lading that the goods received are in poor condition. Through bill of lading • A through bill of lading is a legal document that allows products to be moved both nationally and internationally.
  12. 12. DUTIES OF CARRIER BY SEA • It is the shipping company's responsibility to inspect the ship's fitness before to departure. It should be managed properly by qualified staff. All of the ship's sections must be inspected. Ship Must Be Seaworthy • It is the incharge of the ship's responsibility to issue the bill of lading upon the delivery of commodities. Issuance Of Bill Of Lading • It is the shipmaster's responsibility to take reasonable care of the commodities during the trip. Safety Of Goods
  13. 13. LIABILITIES OF THE CARRIER BY SEA • If the loss occurs due to the negligence of the shipping company to the goods delivered for carriage. The shipping company is liable for that damage or loss 1. Negligence Liability • In the event of loss or damage, the shipping business is accountable if the suit for loss recovery is filed within one year. After one year, no legal action can be taken against the shipping firm. Liable Upto One Year • In most cases, the transportation company is liable for the minimum value liability. However, there are situations where both parties agree on maximum liability. Liability Of Maximum Value • The shipping business is not responsible for any loss or damage to goods whose value hasn't been recognized by the owner. Value Not Declared • If the shipper misrepresents the worth of the commodities, the shipping company is not responsible about any loss or damage. Misstatement About The Value • If the shipper fails to declare the nature of the goods, the carrier cannot be held liable. Nature Of Goods Not Declared

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